JEAN OMOKRI, JCA (Delivering the leading judgment): This is an appeal by the appellant against part of the ruling of A, Abdu-Kafarati of the Federal High Court, Calabar, in Suit No. FHC/CA/M1/93 delivered on 23/5/95.
The brief facts of the case on appeal are as follows: The 1st respondent as the Liquidator and official Receiver filed a motion dated 6/1/95, seeking for an order declaring' the advertisement and sale of the properties of Utuks Construction and Marketing Co. Ltd. void, which properties were sold on Public Auction by one Ben Ekpo and Company of No. 58, Iboko Street, Uyo, the Auctioneer to Mercantile Bank Plc. The properties are:
1. No. 45, Ekpanya Street, Uyo.
2. No. 50 NEPA Line, Uyo.
3. Two (2) number Storey Buildings along Ekprii Nsukara Road, Uyo.
4. No. 44 Brooks Street, Uyo.
The said motion also sought for an order vesting the above named properties in the custody of the 1st respondent, who was for the provisional Liquidator.
The appellant in this appeal filed an aff…